In memory of our brother and son, Robert Bagnell,
who died moments after being tasered by police in Vancouver, British Columbia on June 23, 2004. Bob was the 7th Canadian to die and the 110th in North America.

Wednesday, March 31, 2010

Judge rejects request to throw out the case filed by parents of Ryan Wilson

A wrongful-death lawsuit filed by the parents of a Boulder man who died after a Lafayette police officer shot him with a stun gun can move ahead to trial after a federal judge rejected Taser International's request to throw out the case.

Ryan Wilson, 22, died Aug. 4, 2006, after being stunned by a Taser while running from Lafayette police, who were investigating a report of marijuana plants growing in the area. The Boulder County Coroner's Office ruled that Wilson died of an irregular heartbeat caused by a combination of the exertion from running, the Taser shock and a heart condition present since birth.

The stun-gun company denied the Taser caused his death. It argued that there's no proof the Taser properly connected to Wilson in the first place, while also arguing that the device worked appropriately by immediately incapacitating him.

U.S. District Court Judge Philip A. Brimmer, in a written order filed Tuesday, accused the company of trying to "have its cake and eat it too."

"The court is satisfied that a jury, relying upon the evidence of what occurred upon the discharge of the Taser and the expert testimony .., could conclude that the Taser contributed to Mr. Wilson's death," he wrote.

Taser International officials and Chief Schultz didn't return calls from the Camera on Tuesday.

The lawsuits, which were combined in 2008, allege that Taser makes a defective product and that officials don't warn customers; that Harris used excessive force; and that Lafayette police and Chief Schultz should have better managed Harris based on previous issues.

Harris also was accused of using excessive force with a Taser in 2005, when he and another officer subdued a drunk-driving suspect who tried to hit and kick them, according to a police report.

Lafayette police and officer Harris have denied the allegations and also requested the case be thrown out.

Those requests are still pending, but Wendy Wilson's attorney, Mike Thomson, said he's "very confident the claims will survive."

Jack Wilson said he's "very optimistic" as well.

"My counsel is waiting to set up a trial date and get this thing set for trial as soon as possible," he said. "There is plenty of evidence to show that the Taser was either the sole cause or partly the cause of my son's death."

In the end, Wilson said, his primary hope is to achieve justice and spread the message of the dangers of Tasers.

"We want to make it public that Tasers can be lethal if not used properly," he said, "and we want to discourage the use of Tasers throughout the country."

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taser-Related Deaths = 1043+ in North America

See "A LIST OF THE DEAD"According to Taser International, the taser had nothing to do with any of these deaths. According to a Reuters investigation, Shock Tactics - Part 1 - The Toll, published on August 22, 2017, more than 150 autopsy reports have cited tasers as the cause or contributor to deaths across the U.S. That number may be higher; however medical examiners and coroners are often not impartial but are instead biased in favour of the Crown or, as has been shown, they are under tremendous pressure from - among others - Taser International, to make a particular finding.See Judge rules for Taser in cause-of-death decisions

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Taser International finally admits risk that their weapons may affect the human heart

RCMP - TASERS POTENTIALLY LETHAL

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My Brother - Robert Bagnell June 27, 1959 - June 23, 2004

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2) Until such time as independent and unbiased study into the "real world" safety implications of Tasers has been properly completed, a moratorium must be imposed upon these weapons.

3) If, after independent and unbiased study has been completed, the Taser is going to remain in the police arsenal, it must be placed at a level equal to lethal force on the continuum of force and used only as a second-to-last resort.

4) Safety standards must be developed for Tasers. There are currently no Canadian safety standards in place for this weapon.

5) Police must not be allowed to investigate themselves but must be subject to independent and unbiased civilian oversight.

6) Families of people who die in police custody in Canada must be provided with funding so that they may be properly represented by legal counsel.

07. Robert Bagnell, 44 – Vancouver, BC - June 23, 2004 - X26 - "Official" cause of death: Consistent with restraint-associated cardiac arrest due to acute cocaine intoxication and psychosis. Bob's autopsy report showed marks on his body consistent to multiple taser shots, which incidently could not be affirmed by the pathologist because she could not explain those marks.

09. Samuel Truscott, 43 – Kingston, ON - August 8, 2004 - X26 - "Official" cause of death: Heart attack cause by drug overdose and "I can state categorically that the Taser did not play any role whatsoever in his death" said Chief Coroner for Ontario, Jim Cairns

24. Michael Langan, 17, Winnipeg, MB - July 22, 2008 - tasered 1 time - the autopsy report says Langan's death was caused by a heart arrhythmia brought on by the Taser shocks

25. Sean Reilly, 42 - Brampton, ON - September 17, 2008 - Peel Regional Police - X26 - tasered 2 times - the inquest jury will determine the official cause of death, however, “the forensic evidence indicated that the force used by the officers, including the Taser discharge, did not contribute to his death"

27. Trevor Grimolfson, 38 - Edmonton, AB - October 29, 2008, X26 - According to sources, after he was pepper sprayed, Trevor was tasered directly on the chest 5 times and tasered on the back of the neck 2 more times - Edmonton police said he was only tasered 2 times but testing on the tasers proves otherwise - "Official" cause of death: excited delirium brought on by drugs

29. Grant William Prentice, 40 - Brooks, AB - May 6, 2009 - RCMP - tasered 2 times - "Official" cause of death: acute cocaine toxicity and "the medical examiner also concluded the taser did not play a role in the death"

Ain't it the truth!

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80% percent of the population could be moved in either direction

Human rights activist Susan Sontag, when asked what she had learned from the Holocaust, said that 10 percent of any population is cruel, no matter what, and that 10 percent is merciful, no matter what, and that the remaining 80 percent could be moved in either direction.

THE Successes AREN'T the Problem

"The issue is not whether or not the taser can be used in a high percentage of cases to reduce death and/or physical trauma to officers and civilians alike. The issue is whether or not it's OK to kill the rest through ignorance and rationalization just because it's a small percentage ... The successes aren't the problem - the failures are. They're being told that tasers are nonlethal, so they blast away until people can't move. They're killing people by accident." Dave Siegler, father of Raymond Siegler, who died on February 12, 2004

The artistic side of Robert Bagnell

WE KNOW THIS MUCH IS TRUE

ROBERT ANGLEN

Robert Anglen, a reporter with The Arizona Republic, documented the first 167 Taser-related deaths. Mr. Anglen launched a journalistic investigation of Taser International, linking the Taser to multiple deaths, among other eye-openers.

At the 2005 Arizona Press Club Awards, Mr. Anglen won first place in the Investigative reporting category. He was the recipient of the Don Bolles Award for his report entitled "Taser tied to 'independent' study that backs stun gun'. “As part of an extraordinarily thorough investigation of Taser International, Anglen uncovered ‘smoking gun’ documents that showed the manufacturer was heavily involved in the key study that purported the devices are safe. Anglen also uncovered conflicts of interest and documented wide-spread problems with Taser safety — a matter of national and international public interest.”

In 2006, Mr. Anglen was a runner up for the Arizona Press Club's Virg Hill Journalist of the Year award. Peter Bhatia of The Oregonian wrote “Robert Anglen is an investigative reporter, pure and simple. Clearly, he is a reporter who, once he sinks his teeth into something, stays with it until the story is done. His ongoing work around the company that makes Tasers speaks to that."